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Full-Text Articles in Law

Seeking The Final Court Of Justice: The European Court Of Human Rights And Accountability For State Violence In Northern Ireland, Christopher K. Connolly Nov 2007

Seeking The Final Court Of Justice: The European Court Of Human Rights And Accountability For State Violence In Northern Ireland, Christopher K. Connolly

San Diego International Law Journal

This article examines the impact of the European Court's right to life jurisprudence on the issue of accountability for state violence in Northern Ireland. To date, the initiatives undertaken by the United Kingdom to comply with the European Court's rulings are largely unsatisfactory. Piecemeal institutional reforms aimed at preventing future breaches of Article 2 have failed to fully address the underlying concerns identified by the Court, and domestic right to life jurisprudence has placed significant limitations on the extent to which past violations of the right to life can be dealt with effectively in British courts. The United Kingdom's response …


Law In Times Of War: The Case Of Chechnya, Federico Sperotto Aug 2007

Law In Times Of War: The Case Of Chechnya, Federico Sperotto

Human Rights & Human Welfare

In October 1999 “the second Chechen war” broke out. In December the Russian federal army started an operation to take control of Grozny. During the confrontation between the Federal forces and the Chechen separatists, serious human rights violations occurred. Several cases concerning violations of fundamental rights, in and around the city, have been brought before the European Court of Human Rights against Russia. The lawsuits concerned in particular physical integrity issues. This study provides some insights on the jurisprudence of the European Court on Human Rights in order to ascertain the adequacy of the mechanism of protection provided by the …


Reparations: A Comparative Perspective, Fernanda G. Nicola Aug 2007

Reparations: A Comparative Perspective, Fernanda G. Nicola

Articles in Law Reviews & Other Academic Journals

This article focuses on the treatment of reparations in recent jurisprudence of the European Court of Human Rights (ECHR) and the European Court of Justice (ECJ). In the so-called “prisoner cases,” Assanidze v. Georgia and Ilascu and Others v. Moldova and Russia, the ECHR moved beyond its previously limited approach to reparations by finding that continued detention of the lawsuit applicants would entail a prolonged violation of the Convention for the Protection of Human Rights and Fundamental Freedoms and then asking the States to immediately release the prisoners. The author then turns to ECJ immigration cases Zhu v. Sec’y of …


Reform Of The Reform: The European Court Of Human Right’S Endless Quest For Efficient Justice, Nikolas Kyriakou Jan 2007

Reform Of The Reform: The European Court Of Human Right’S Endless Quest For Efficient Justice, Nikolas Kyriakou

Nikolas Kyriakou

This article addresses the changes to be introduced in the edifice of the European Convention on Human Rights through the 14th Protocol. Particular attention will be paid on the impact of the said amendments on cases relating to property claims initiated by Cypriot nationals against Turkey. In essence, along with a bird’s eye view to institutional issues and restructuring, the author will present the two latest reforms in the judicial system of the Court. Protocols Nos. 11 and 14 are oriented in rendering the Strasbourg Court more efficient and delve upon its quasi-constitutional nature in the European judicial setting. The …


Updates From The Regional Human Rights Systems, Natalie M. Huls, Sara Ramey Jan 2007

Updates From The Regional Human Rights Systems, Natalie M. Huls, Sara Ramey

Human Rights Brief

No abstract provided.


Updates From The Regional Human Rights Systems, Anna Cabot, Suzanne Shams Jan 2007

Updates From The Regional Human Rights Systems, Anna Cabot, Suzanne Shams

Human Rights Brief

No abstract provided.


Inter-American System, Claudia Martin Jan 2007

Inter-American System, Claudia Martin

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Violations Of Human Rights During Military Operations In Chechnya, Federico Sperotto Jan 2007

Violations Of Human Rights During Military Operations In Chechnya, Federico Sperotto

Human Rights & Human Welfare

The case-law of the European Court of Human Rights concerning violations of human rights law during armed conflict has been extended after the first decisions on cases arose from violations, committed during the war in Chechnya between 1999 and 2000. In the words of the Court, at that time the situation called for exceptional measures, in order to regain control over the Republic and suppress an illegal armed insurgency. The Court has been ready to admit those measures, including the deployment of army units equipped with heavy combat weapons, military aviation and artillery, were necessary to counter the aggressiveness of …